FIRST DIVISION
[G.R. No. 202204. September 22, 2014.]
OFFICE OF THE OMBUDSMAN, petitioner, vs. RODOLFO S. DE JESUS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated September 22, 2014which reads as follows:
"G.R. No. 202204 (Office of the Ombudsman v. Rodolfo S. de Jesus) and G.R. No. 202236 (Rustico B. Tutol v. Rodolfo S. de Jesus). — After a careful perusal of the records, the Court resolves to DENY the instant petitions and AFFIRM the February 7, 2012 Decision 1 and May 30, 2012 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 114937 for failure of petitioners Office of the Ombudsman (G.R. No. 202204) and Rustico B. Tutol (G.R. No. 202236) to show that the CA committed any reversible error in reinstating Rodolfo S. de Jesus (respondent) as Deputy Administrator of the Local Water Utilities Administration (LWUA) and directing payment of his back salaries and other emoluments.
Respondent cannot be held liable for grave misconduct aggravated by dishonesty merely for having received his representation and transportation allowance (RATA) with an insufficient or disproportionate deduction for transportation allowance in the amount of only P600.00. The determination and application of the proper rates for representation and travel allowances had no direct relation or connection to the performance of his official duties, it being undisputed that the amount of deduction that was supposed to correspond to the transportation allowance portion of the RATA given to LWUA officials was pursuant to the mandate of the September 25, 1990 Inter-Office Memorandum 3 issued by then LWUA Administrator Ricardo T. Quebral. CSTHca
The respondent's urgent motion for early resolution of the separate petitions for review on certiorari is NOTED.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo (G.R. No. 202204), pp. 98-113. Penned by Associate Justice Florito S. Macalino with Associate Justices Rebecca de Guia-Salvador and Priscilla J. Baltazar-Padilla, concurring.
2. Id. at 114-115.
3. Id. at 229.